Monthly Archives: February 2011

Third Circuit: Class Arbitration Waiver Not Unconscionable in Employment Contract

The Third Circuit recently weighed in on class arbitration waivers in employment contracts, holding in the same opinion that (i) whether the parties agreed to the insertion of a class arbitration waiver into an existing arbitration policy is an issue

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Tenth Circuit: Withdrawal of Settlement Approval in 15-Year-Old Case Is Not “Final Decision”

The Tenth Circuit recently held that an order withdrawing approval of a four-year-old class action settlement agreement did not qualify as a “final decision” subject to appeal under 28 U.S.C. § 1291. While a final judgment is the quintessential “final

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Removability of Mass Actions Under CAFA: Seventh Circuit Falls “Just Short” of Providing Clear Guidance

A recent Seventh Circuit decision, in addressing the extent to which a state court’s proposal to conduct a joint trial of related actions may create a removable “mass action” under the Class Action Fairness Act, has succeeded mainly in creating

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